TENDER DOCUMENT FOR SECURITY SERVICES - OMC Ltd€¦ · BIDDER’S COVERING LETTER To The Addl. GM...

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CIN- U13100OR1956SGC000313

CORPORATE OFFICE: OMC HOUSE, BHUBANESWAR- 751 001

Post Box No. 34

FAX No. 0674 – 2391629 / 2396889 E-mail Id: [email protected]

www.omcltd.com

NIT No. 02/OMC/Secy./2017 Dtd. 15.07.2017

TENDER DOCUMENT

FOR

SECURITY SERVICES

This Tender Document Contains - __39____pages.

Tender form can be downloaded from www.omcltd.in – from 17.07.2017

Pre-Bid meeting at HO for clarifications if any: On 25.07.2017 at 1600 Hrs

Last date and time for submission of Tender: 02.08.2017 up to1500 Hrs of

Date and time for opening of Technical Bids: 02.08.2017 at 1600 Hrs on

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THE ODISHA MINING CORPORATION LIMITED (A GOLD CATEGORY STATE PSU)

OMC HOUSE, POST BOX NO-34, BHUBANESWAR-751001, ODISHA

NIT No: 02 /OMC/SECURITY/2017 Date: 15.07.2017

TENDER NOTICE FOR SECURITY SERVICES

THE ODISHA MINING CORPORATION LTD., ODISHA invites sealed tenders under two-bid system from reputed and experienced agencies for providing Security Services at various locations as per existing deployment system at different parts of the State of Odisha. The interested agencies with an average turnover of Rs. 100 crore or more in three immediate preceding financial years i.e. 2014-15, 2015-16 and 2016-17 shall be eligible to participate in the tender. Agency having experience in mining related security activities in mining establishment shall be preferred

The bids in Sealed Cover-I containing “Technical Bid” classified further in two parts “General

Conditions” and “Special Conditions” and Sealed Cover-II containing “Financial Bid” should be placed in a third sealed cover super scribed “Tender for Security Services with Tender No. and should reach the undersigned in the above mentioned address before 1500 Hrs on 02.08.2017 The technical bids shall be opened on the same day at 1600 Hrs at the said address in the presence of the parties or their authorized representatives if any.

The financial bid (of the qualified Bidder in technical bid) will be opened subsequently on a later date which will be intimated to the concerned technically qualified bidders over fax/telephone/e-mail for their presence before the Committee.

The tender document containing eligibility criteria, scope of work, terms & conditions and draft agreement can be downloaded from the OMC website www.omcltd.in.from 17.07.2017.The downloaded tender document should be accompanied with an account payee Demand Draft of Rs.10,000/- (Rupees ten thousand) only i.e. cost of Tender documents + applicable GST in favour of The Odisha Mining Corporation Ltd. drawn on any Scheduled Commercial / Nationalised Bank payable at Bhubaneswar (non-refundable) along with their tender bid. The interest free bid security (EMD) of Rs. 40.00 lakh (Rupees forty lakh) only should be paid by an Account payee Demand Draft in favour of “The Odisha Mining Corporation Ltd.” drawn on any scheduled Commercial/Nationalised Bank payable at Bhubaneswar. If any bidder is exempted from paying the cost of tender paper so also the EMD by any competent authority, the said bidder may not pay the cost of tender paper and EMD as required subject to filing adequate proof of his exemption. Any bidder claiming exemption shall be at his risk. The bidder shall, however, pay the cost of tender paper as well as EMD if selected as the lowest bidder. Any corrigendum(s) shall be communicated through the tender section of the OMC website www.omcltd.in .

Addl. GM (Mining)

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BIDDER’S COVERING LETTER To The Addl. GM (Mining), The Odisha Mining Corporation Ltd., OMC House, Post Box No-34, Bhubaneswar-751001 (Odisha) Dear Sir, Ref: NIT No: 02/OMC/Secy./2017 Dtd. 15.07.2017 Having examined the conditions of contract and specifications, the receipt of which is hereby duly acknowledged, we the undersigned, offer to execute the work shown in the scope of work and within different local jurisdiction and as per the schedule of prices attached herewith and made within the local part of this letter. We undertake that, if our bid is accepted, we shall execute the work in accordance with specifications, time limits and terms & conditions stipulated in the tender documents. If our bid is accepted, we shall submit the securities as per the conditions mentioned in the contract. We agree to abide by this bid for a period of 90 days from the date of bid opening and it shall remain binding upon us and may be accepted by OMC at any time before the expiry of that period. Until a formal agreement is prepared and executed, this bid together with your written acceptance thereof in your notification of award along with the work order issued by OMC shall constitute a binding contract between us. Bid submitted by us is properly prepared and sealed so as to prevent any subsequent alteration or replacement.

Dated this ………. Day of ……… (The month and year) Signature of the bidder or Authorised

Signatory ………

In capacity of ……………… Duly authorized to sign the bid for and on behalf of………….

The Tender document downloaded from website, and the cost of bid document: Rs.10, 000/-

Plus applicable GST.

in shape of Crossed Demand Draft No.……………………… dated ………………… Drawn on bank: ……………………………………………………

Signature with seal of the Bidder

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LETTER OF AUTHORIZATION FOR ATTENDING BID

OPENING NIT No. 02/OMC/Secy./2017 Dtd. 15.07.2017 To The Addl.GM (Mining) The Odisha Mining Corporation Ltd. OMC House, Post Box No-34, Bhubaneswar-751001 (Odisha) Subject: Authorization for attending bid opening on 02.08.2017 in the Tender for Security Services for the Odisha Mining Corporation Ltd. (NIT no: 02/OMC/Secy./2017 Dtd. 15.07.2017 Dear Sir, The following persons are hereby authorized to attend the bid opening for the tender mentioned above on behalf of (bidder) in order of preference given below. Order of Preference Name Specimen Signature 1. 2. Alternate Representative Signatures of bidder Or Officer authorized to sign the bid documents on behalf of the bidder. (Signature should be attested by the Competent Authority of the organization.) Note: 1. Only one representative shall be allowed. Alternate representative will be permitted when regular representative is not able to attend. 2. Permission for entry to the hall where bids are opened may be refused in case authorization as prescribed above is not produced. Signature with seal of the Bidder

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CONTENTS OF TENDER DOCUMENT


Sl No.

Description of content Page No.

1 Technical Bid 6

2 Financial Bid 8

3 Scope of Work 11

4 Eligibility criteria 12

5 Information & Condition relating to submission of Bids 14

6 Terms & Conditions 18

7 Payment Terms 19

8 Eligibility criteria for SO, ASO, Supervisor 22

9 Deed of Agreement 27

10 B G Format 37

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A) TENDER DOCUMENT

THE ODISHA MINING CORPORATION LTD. TECHNICAL BID

(In separate sealed Cover-I super scribed as Technical Bid)

1. Name & Address of the Bidder Organization/Agency with phone number/FAX Number, Email and name and telephone/ mobile number of contact person.

2(a). Status of the organization whether Partnership/private or public Ltd. Company/any other form of body/entity. (but not individual or sole proprietorship concern) 2(b). Document evidencing the formation of organisation like Regd. partnership deed/ Memorandum/ article of association/certificate of incorporation / any other document in support of formation of the entity.

3. Experience in the work of providing Security services. Particulars of Experience (Attach certificates, testimonials).This shall cover the details of works of similar nature, approximate magnitude and duration carried out during the last 5 years along with a certificate from the agency where the job was carried out.

4. Details about the Organization, clearly indicating details of managerial, supervisory and other staff, also indicate the number of muster roll available for performing this service:

5 (a) Is the establishment registered with the Government of Odisha as per the prevailing statute like Odisha Private Security Agencies (Regulation) Act, 2005/ Odisha Private Security Agencies Rules, 2009 of any other state? Please give details with documentary/evidence. The Licence issued by Home Dept. Govt. of Odisha should be valid as on date of submission of tender. 5(b) Do you have valid labour licence? Please provide details and attach a copy. Licence to keep armed guards and Licence for guns/shorts should also be enclosed. 5(c) Undertaking of the Agency confirming the availability of the adequate manpower of requisite age, qualification and experience for deployment in OMC Ltd.


Sl. No.

Name of Organisation with complete address and telephone numbers to whom service was provided

From To Contracted Value(Per month)Rs.

If terminated reason thereof

Strength of Ex-servicemen deployed

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5(d) Is the agency empanelled under DGR. Please give details. 5(e) If the agency has got ISO certificate. Please give details.

6. Are you covered by the labour legislations, such as, ESI, EPF, and Gratuity Act etc. (supporting documents be attached)

7.Please give EPF No: ESI Code: Gratuity Regn. No. (Please attach self-attested Copies.)

8. Are you governed by Minimum Wages rules of the Govt. of Odisha or Central Govt. if yes, please give details.

9. Please attach copies of Income Tax Return for last 3 preceding financial years, i.e. 2013-14, 2014-15 & 2015-16 in which the tender is submitted. Income Tax.

10. Please attach audited balance sheets & statement of profit and loss in support of the organisation, (duly certified by Chartered Accountant, if not audited), for last 3 financial years i.e. 2014-15, 2015-16 & 2016-17.

11.PAN (Please attach copy) 12.Trade Licence No.(Please attach copy) 13.(a) Service Tax Registration No. in similar type of Classification. (Copy of the Service Tax Registration to be submitted). (b) GST IN (Please attached copy).

14.Acceptance of terms & conditions attached (Yes/No).Please sign with stamp each page of terms and conditions as token of acceptance and submit as part of tender document.

15. Power of Attorney/authorization for signing the bid documents.

16. Please submit an undertaking that no criminal case is pending against the proprietor/partner/Director or the Company/Agency participating in the tender. Indicate if, any conviction in the past against the Company/firm/partner.

17. Please attach documentary evidence in respect of strength of personnel engaged in the organisation.

18. Solvency Certificate in original from the Nationalised/ Scheduled commercial bank where bidder maintain the bank Account. ( Three Months before the date of submission of bid.

19. Attach photocopies of award/felicitation certificate of merit for good work if any.

20. Evidence of availability of training facility and service equipment and gadgets. train

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B) FINANCIAL BID

(In sealed Cover-II super scribed “Financial Bid”)

N.B: (i) The work will be awarded to more than one eligible agencies at L-1 rates. The eligible qualified agencies will be considered for award of works basing on L1 rate in the Tender, under the jurisdiction of OMC at its discretion. (ii) Security Deposit @ 20% of basic wages ( Basic + VDA ) will be retained from the monthly RA Bills towards liability on Bonus, Gratuity, Leave/Holiday wages, and other risk components like, damage/loss to OMC property, other suspected sabotage etc. However, this can be refunded after meeting the concerned liability/loss, if any, and submission of proper documentary evidence at concerned RO/HO level. Signature of the Bidder

Sl. No.

Description

Watchman/ Gunman Semi-Skilled(Rs)

Supervisor (Skilled) (Rs)

Asst. Security Officer Highly

Skilled(Rs)

Security Officer

(Rs) 1. Basic Wages per day 437.00 523.00 610.00 2. VDA per day ---- ------ 3. Total per day (Basic + VDA) ---- ------ 4. (Basic + VDA) per month *

11,362.00 13,598.00 15,860.00

5. EPF, EDLI & Admn. Charges @ 13.16% of Sl. No. 4 above or as stipulated by Govt. of India from time to time.

1,495.00 1,789.00 2,087.00

6. ESI wherever applicable @ 4.75% of Sl. No. 4 above.

540.00 646.00 753.00

7. Bonus as applicable under Amended Payment of Bonus Act, of Sl. No. 4 above.

946.00 1,133.00 1,321.00

8. Gratuity @ 15 days per year/@ 4.81 % of Sl. No.4 above.

547.00 654.00 763.00

9 Leave/Holidays Salary @ 6.03 % of Sl. No-4 above.

685.00 820.00 956.00

10 Total Cost Per Head/ month 15,575.00 18,640.00 21,740.00 35,000.00 (Consolidated)

11 Service Charges as a percentage of amounts under Sl. No. 10 above to be quoted not less than 5 % (i.e. the Minimum Service Charges which bidder can quote has been fixed @ 5 %

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iii. Basic + VDA (A) will be calculated as per Govt. of India, Ministry of Labour Circular from time to time.

iv. Basic wages indicated above are as per rates effective w.e.f. 19.01.2017. v. In addition to the above, GST will be charged on gross monthly billing as per the

provisions applicable of GST Acts. vi. The strength of security personnel may vary (i.e. increase / decrease) and be subject

to review once in every six months. vii) Applicable Income Tax shall be deducted at source.


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Declaration by the Bidder:

This is to certify that before signing this tender we have read and fully understood all the

terms and conditions contained herein and undertake ourselves to abide by them. Further certified

that we have visited the various fields/sites of OMC Ltd and aware of the running of security

deployment contract timing and understood the field conditions.

Note:-

i) No other charges would be payable by OMC.

ii) There would be no change in rates during the contract period except for changes in

VDA announced by Govt. of India, Ministry of Labour and employment, from time to time.

Accordingly ESI, EPF, EDLI, Admn Charges and Leave/Holidays Charges will change

proportionately. In case of Security Officer the payment is on consolidated basis.

(Signature of Bidder with seal)

Date: Name:

Seal:

Address:

Phone No (O):


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C) TERMS & CONDITIONS OF ONTRACT

(Annexure to the Agreement)

Scope of Work:

OMC Limited a corporation under State Government of Odisha is a Public Sector Undertaking having its registered office at “OMC House”, Bhubaneswar -751001, requires the services of Recognised, Registered, well established and financially sound Security Agencies for deployment of security personnel on contract at the Mines/Camps/Plots and Offices of OMC, Govt. of Odisha Check Gates/Weigh Bridges under different Mining Circles and office of the Directorate of Mines, Bhubaneswar as may be decided in future, by deploying required number of Security Personnel. 1. The Bidder shall provide Security services by deploying watchman, who shall safeguard the perimeter, movable and immovable assets/inventories and equipments and also guard entry/exit points from any theft, pilferage or damage and also ensure safety of the employees or any other persons working therein. 2. The security personnel shall be deployed round the clock in 3 shifts at the Mines/Camps/ Colonies/ Plots/Offices/Guest House/Hospitals etc. Govt. of Odisha Check Gates/Weigh Bridges & Office of the Directorate of Mines, Bhubaneswar and other places as and when required by OMC. Each personnel shall perform only one shift duty per day. 3. The period of work will be for 1(One) year and may be extended for another 2(Two) years at the sole discretion of OMC Ltd. Subject to satisfactory performance. However, the work will be reviewed at the end of every 6 (six) months and may be extended for further period of 6 months each on assessment of the performance and other ground conditions to be recorded in writing. The number of guards can also be increased / decreased by OMC at its sole discretion. 4. The Bidder shall ensure proper inward and outward movement of men, materials and vehicles, etc. as per instructions given from time to time by the officer in charge of the security. It should be responsible for maintaining proper traffic of the incoming and outgoing vehicles and to ensure that there is no congestion whatsoever at any moment of time. 5. Controlling unauthorized entry or exit of vehicles in and around OMC premises. 6. To carry out surveillance of the allocated area. 6(A).To collect intelligence input and share those with higher authority. 7. Any other services on need basis as and when informed in writing by the officer in charge of the Security, OMC. 7(A) To maintain Law and order, prevent breach of peace at threshold. 8. The security personnel deployed shall take regular rounds of the premises in and around the check gate, should be vigilant and remain alert to avoid any unforeseen event. 9. The security personnel shall be duly trained in Fire & Safety Operations. They should be trained to operate various fire control equipment, if any, installed at the OMC Premises and Govt of Odisha Check Gates/Weigh Bridges under different Mining Circles or as the places may be assigned from time to time. 10. The Bidder shall keep the Head of Dept. (Security) of OMC informed of all the matters relating to security and co-operate in the investigation of any incident relating to security, law and order and breach of peace and intelligence related inputs. Signature with seal of the Bidder

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D. Eligibility Criteria:

The bidder fulfilling the following criteria can take part in the tender:-

1. The Bidder ought to have minimum annual turnover on an average of Rs. 100 crore or more

in three immediate preceding financial years i.e. 2014-15, 2015-16 and 2016-17. The Bidder shall

submit the audited Balance Sheet and statement of Profit and Loss in support of this for Financial

Year 2014-15, 2015-16 and 2016-17.

2. The Bidder shall have at least 5 (Five) years of experience in providing security services

to reputed firms/PSUs to be supported by a copy of the certificates from the clients. However no

such certificate in respect of Agencies working in OMC is required for the purpose. Agency having

experience in mining related security activities in mining establishment shall be preferred. 3. The bidder shall be either a regd. Partnership firm or a Company (Private Ltd. or Public Ltd.).

Bidding in form of Consortium is not allowed. If the bidder is a regd. Partnership firm, then the

partnership firm must abide by the stipulations as mentioned below. In case of partnership firm

registered partnership deed is required and in case of company certificate of incorporation is required

duly with seal

i) The Partnership Firm must be a registered Partnership Firm under the provisions of Partnership

Act’1932. The date of registration of the Firm under the provisions of Partnership Act, 1932 is the

date of entry of the statement recorded in the Registered of Firms”.

ii) The Deed of Partnership must be registered under the Indian Registration Act, 1908.

iii) The Partnership firm must be in existence & in operation for at least 3 (three) years prior to the

date of notice inviting tender.

iv) The Partnership Firm must have its own experience as required in the present tender notice.

Experience of individual Partner will not be considered as the experience of the Partnership Firm.

v) The Partnership Firm must have a valid EPF Code, Service Tax Registration, GSTIN of its own

and not in favour of any individual Partner.

vi) All conditions of eligibility criteria as stipulated in the tender notice should be of the Partnership

Firm & not of the individual Partners.


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vii) The bidder ought not to have been declared ineligible to participate in tender process by any competent authority. viii) The Agency interested for participating in pre-bid meeting is required to submit an undertaking that they are eligible to participate in the tender. Only two persons of the prospective bidder shall be allowed to participate in the pre-bid meeting. 4. There shall not be any criminal case pending against the Company/ Firm/Partner or the (The Bidder) and the Agency shall not have been blacklisted. Affidavit of the director of company is required in this regard. 5. The bidder shall have the following Registrations as evidenced by self-attested copies of relevant Certificates: (a) PAN. (b) PF Code. (c) ESI code (d) Service Tax (Registration under similar classification of security service). (e) GST registration No. 6. The Bidder should have successfully carried out at least one security contract involving employment of 100 or more well trained Ex-Servicemen /Ex-Paramilitary forces/personnel as Watchman/ security guards/supervisors , during last 5 (five) years in reputed organizations to be evidenced by attachment of certified copies of annual EPF returns/ECR. 7. The bidder should have adequate training facilities/faculties and requisite security training equipments as evidenced by an undertaking in this regard from the Controlling Authority(as prescribed in Odisha Security Agencies Rules, 2009). The agency will provide training programme for at least 15 man days. Copy of the same is required. 8. The bidder should be capable of mobilizing and providing required number of Ex-Servicemen, Ex-Paramilitary/Ex-Armed Police Forces as Security Officer, Asst. Security Officer, Supervisors, Gunmen and Watchmen. 9. The Bidder must be a regular IT return filer. copy of IT returns acknowledged for the last three financial years 2013-14, 2014-15 & 2015-16 must be enclosed. 10. The bidder must provide its Bank details along with IFS code, Branch Code that is RTGS detailed along with a crossed cheque. 11. The bidder must submit solvency certificate.


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E. Information and Conditions relating to Submission of Bids:

1. The initial period of contract shall be for 12 months and may be extended for another 2 (two) years at the sole discretion of OMC Limited. However, the work may be reviewed at the end of every 6 (six) months and may be extended on assessment of the performance and other ground conditions to be recorded in writing. 2. The tender document containing eligibility criteria, scope of work, terms & conditions and draft agreement can be downloaded from the OMC website. The bidders should enclose an account payee DD in favour of “The Odisha Mining Corporation Ltd”. drawn on any Nationalised/Scheduled Bank and payable at Bhubaneswar for Rs.10, 000/- (Rupees ten thousand) only (i.e. Cost of Tender documents) + Applicable GST along with their bid in the Cover-I containing Technical Bid. 3. There shall be a pre-bid conference at Corporate Office, Bhubaneswar on 25.07.2017 at 1600 Hrs, where OMC shall explain the nature of the work and related issues to the bidders. The intending bidders can, during this meeting, seek clarification if any. All the queries and clarification need to be forwarded which should reach to the Head of the Department, Security, OMC Limited, Bhubaneswar by 24.07.2017 in writing. 4. The interested Bidders are required to submit the technical and financial bid separately in the format enclosed. The bids in sealed Cover-I containing “Technical Bid” as per -A (page 6 & 7) and conditions as contained at “C & E” and sealed Cover-II containing “Financial Bid” as per B (page 8-10) and conditions as contained at “ D & F” should be placed in a third sealed cover super scribed “Tender for Security Services” with the NIT 02/OMC/Secy./2017 Dtd. 15.07.2017 and should reach the OMC Ltd, Bhubaneswar before1500 hrs on or before 02.08.2017 The technical bids shall be opened on the same day at 1600 hrs at the Odisha Mining Corporation Ltd., Bhubaneswar. The Financial bid (of the qualified Bidders in Technical bid) will be opened subsequently on a later date, which will be intimated to the concerned qualified bidders over fax/ telephone/email for their presence before the committee, for opening of the Financial Bids. The Bidder is required to make site/field visits and fully aware of the details of Contract before submission of Technical Bid/Price Bid etc.

5. All the pages of the tender documents should be signed by the bidder or his/its Authorized signatory. In case the tender documents are signed by the Authorized signatory, a copy of the power of attorney/authorization may be enclosed along with tender.

6. A copy of the terms and conditions shall be signed on each page and submitted with the technical bid as token of acceptance of terms and conditions. Signature with seal of the Bidder

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7. The bidder shall provide vehicles preferably hard topped utility vehicle suitable for easy movement as per the place of deployment which is mentioned in Appendix -A .The vehicles will

be used for the mobility / patrolling purpose, etc. During the operation of the contract, all the

applicable statutory obligations/ requirements shall be fulfilled by the Agency. The agency shall

submit attested photocopies of relevant valid documents of the vehicle deployed by him to the

concerned security in-charge of the Unit/Office. The vehicle to be deployed for the above purpose

should not be more than 3 years old (on the date of tender schedule).

8. The bidder shall pay interest free Bid Security (EMD) of Rs. 40.00 lakh (Rupees forty lakh)

only along with the technical bid by an A/C Payee Demand Draft in favour of “ The Odisha Mining

Corporation Ltd.”, drawn on any Nationalised/Scheduled Commercial Bank and payable at

Bhubaneswar. Bids received without Tender Paper Cost and Earnest Money deposit (EMD)

shall stand rejected and thus shall not be considered for evaluation etc. at any stage.

9. The bid security (EMD) without interest shall be returned to the unsuccessful bidders after

finalisation of contract.

10. As a guarantee towards due performance and compliance of the contract work, the successful

bidder (agency) shall submit an A/C payee Demand Draft in favour of “The Odisha Mining

Corporation Ltd.” drawn on any Nationalised/Scheduled Commercial Bank payable at Bhubaneswar or Bank Guarantee in OMC format (Appendix-B) on any Nationalised Bank

operable at Bhubaneswar equal to 5% of Annual Contract value towards Initial Security Deposit

(ISD) with validity equal to the period of contract with a claim period of additional two months. The

BG is to be submitted within 15 days from the issue of LoI / work order and signing of the

Agreement. On submission of such Bank Guarantee and signing of agreement, EMD of successful

bidder will be refunded.

11. If the successful bidder fails to furnish the Initial Security Deposit (ISD) within 15 (fifteen) days

after the issue of Letter of Award of Work or does not cope up with work awarded to him, its bid

security (EMD) shall be forfeited unless time extension is granted by OMC for deposit of ISD etc.


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12. The ISD shall be forfeited if successful bidder fails to undertake the work or fails to comply with

any of the terms and conditions of the contract. Besides in such cases, work shall be carried out by

engaging any other Agency realising the cost from Bidders ISD/Security Deposit etc.

13. The Initial Security Deposit shall be refunded to the Agency on satisfactory completion of the

contract and settlement of the statutory dues of the security personnel. Till such time, if necessary

the Bank Guarantee period is to be extended by the Agency at its cost.

14. The Technical bids would first be taken into consideration by the Tender Evaluation Committee

and only those bidders who qualify in the Technical bid would be considered for the Financial Bids.

In case the numbers of L-1 Bidder will be more than one, then there will be an evaluation for

work allocation as per the recommendation of Corporation Authorities. The lowest bidder (L1) in

the financial bid would be preferred for award of Contract in case otherwise not unsuitable. In case

the lowest bidder (L1) is disqualified after selection for any reason then the second lowest (L2)

bidder would be considered by the Committee for negotiation for execution of work at L-1 rate.

Corporation Authorities reserves the right to distribute the work amongst other Bidders at L-1 rate

without assigning any reason to the Lowest Offered Agencies for smooth operation of security

system in OMC Ltd.

15. Risk & Cost: - In case the L-1 bidder does not take up the work/abandoned in between, OMC

shall have the right to execute the work through another agency at the risk and cost of the former.

16. The bid shall be valid and open for acceptance of the OMC for a period of 90 days

from the date of opening of the tenders and no request for any variation in quoted rates

and/withdrawal of tender on any ground by successful bidder shall be entertained.

17. To assist in the analysis, evaluation and computation of the bids, the Committee will/may ask

Bidders individually for clarification of their bids or through a Power Points Presentation. Power

Point presentation will provide details by each Agency, at the time of opening of Technical Bids, in

case of Security Officer and Asst. Security Officer. The request for clarification and the response

shall be in writing but no change in the price or substance of the bid offered shall be permitted.

18. After evaluation, the work shall be awarded normally to the Agency fulfilling all the conditions.

The decision of the OMC Management shall be final and binding in all respect.

19. OMC can distribute the work to technically qualified bidders at L-1 rate or various regions under the jurisdiction of Odisha Mining Corporation Ltd at its discretion. Signature with seal of the Bidder

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20. In the event of revision of minimum wages by the appropriate Government the contractor will be liable to pay the revised minimum wages from the effective date as notified. Upon such revision the agency pays at such higher rate & such differential amount arising out of revision in minimum wages shall be reimbursed by the OMC subject to production of claims duly witnessed by the authorised representative of the Principal Employer/Authorised Official supported by documentary evidence. 21. During the contract period the successful bidder shall not enhance the contract rate at any time. 22. OMC reserves the right to accept or reject any or all bids without assigning any reasons thereof.

OMC also reserves the right to reject any bid which in his opinion is not responsive or violating any

of the conditions/specifications without any liability or any loss whatsoever it may cause to the bidder

in the process. OMC also reserves the right to annul the tendering process at any time at its discretion

without assigning any reasons whatsoever.

23. The successful bidder is to start the work of deploying its personnel within 15(Fifteen) days of receiving the work order. 24.Under no circumstances the dependent, family members of existing OMC employees/ Ex-employees shall be deployed as Watchman in same station where the employees of OMC is working and in case any dependent/family members deployed as Watchman at any places, the same shall be intimated to the General Manager(Security) promptly. 25. Under no circumstance local persons shall be deployed within 50 K.M of his permanent residence

to attend security duties in OMC.

26. All the documents submitted shall be consecutively numbered having signature with seal of the

authorized signatory on each page and the total number of pages shall be mentioned on the top

sheet duly signed with seal by the authorized signatory.

27. Authorized signatory means a senior Executive in favour of whose power of attorney shall be

executed / vested by the CEO/MD/Chief Executive of the Agency/organisation.

28. The successful bidder should be Registered under Odisha Private Security Agencies Rule,

2009 and the licence shall be valid as on the date of tender submission.

29. The OMC reserves the right to call for any document in original including bank account etc. of

the bidder to verify the veracity of any document & to give presentation before the OMC Official in

support of their capability and experience etc.


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F. Terms and Conditions

1. The successful bidder shall have to follow the stipulations laid down in the Odisha Private Security

Agencies Rules, 2009 before signing the Agreement. The security services and provision for the required

manpower shall be paid as under per month:- Sl. No.

Description

Watchman/ Gunman Semi-Skilled (Rs)

Supervisor (Skilled)

(Rs)

Asst. Security Officer Highly

Skilled(Rs)

Security Officer (Rs)

1. Basic Wages per day 437.00 523.00 610.00 2. VDA per day ---- ------ 3. Total per day (Basic + VDA) ---- ------ 4. (Basic + VDA) per month

11,362.00 13,598.00 15,860.00

5. EPF, EDLI & Admn. Charges @ 13.16% of Sl. No. 4 above or as stipulated by Govt. of India from time to time.

1,495.00 1,789.00 2,087.00

6. ESI where applicable @ 4.75% of Sl. No. 4 above

540.00 646.00 753.00

7. Bonus as applicable under the Amended Payment of Bonus Act of Sl. No. 4.

946.00 1,133.00 1,321.00

8. Gratuity @ 15 days per year/@ 4.81 % of Sl. No.4.

547.00 654.00 763.00

9 Leave/Holidays Salary @ 6.03 % of Sl. No. 4 above

685.00 820.00 956.00

10 Total Cost Per Head/ month 15,575.00 18,640.00 21,740.00 35,000.00 (Consolidated)

11 Service Charges as a percentage of amounts under Sl. No. 10 above to be quoted not less than 5 % (i.e. the Minimum Service Charges which Bidder can quote has been fixed @ 5 % of Sl. No. 10)

Note: (a) Basic + VDA will be calculated as per Govt. of India, Ministry of Labour. (b) Wages calculated as per VDA applicable w.e.f. 19.01.2017.

(c) In addition to the above GST will be charged on gross monthly billing as per the provisions of the GST Acts.

(d) The invoice shall be raised by the agency as per Rule-4A of the Service Tax/GST Rules. Besides, it should facilitate OMC for claiming INPUT CREDIT/GST credit if any.

(e) Applicable Income Tax shall be deducted at source. 2. The bidder shall provide accessories required for security personnel i.e. uniform, woollen cloth safety shoes, socks, cap, belt, whistle, I-Card, name plates, lathy, torch, signalling torch(for traffic control) rain coat, hand-gloves, helmets and other safety appliances etc. as applicable to the workers deployed at its own cost. Signature with seal of the Bidder

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3. Service Charges include vehicle deployment (Total 13 Nos.) as mentioned in the Appendix-A and

indirect labour expenses viz. accessories required for security personnel i.e. uniform, woollen cloth

safety shoes, socks, cap, belt, whistle, I-Card, name plates, lathy, torch, signalling torch (for traffic

control) rain coat, hand-gloves, helmets and other safety appliances etc. as applicable to the workers

deployed at its own cost without recovery from security personnel. Complete safety and security of the

personnel deployed shall be the sole responsibility of the contractor and the contractor has to provide

all safety appliances to the personnel deployed. In case any lapses noticed, OMC reserves the right to

provide the same and recover the amount from the contractor’s bill including penalty at the discretion of

OMC. Every security guard will carry a note book and writing instrument with him. Every Watchman/

security guard while on active security duty will wear and display the photo identity Card issued under

Section 17 of the Act {i.e. Private Security Agency (Regulation) Act, 2005}. 4. PAYMENT TERMS: (a) The contractor shall maintain proper records of his employee’s attendance. A copy of the duty

rotation duly signed, EPF deposit proof, ESI deposit proof shall be submitted along with invoice.

However ESI contribution may be applicable if the work place/ Mines is covered / notified under

ESI. If ESI is not applicable in the particular Mines, Insurance coverage under work Men/

Employee Compensation Act shall be ensured.

(b) The salary of all contractors employees deployed at various locations as mentioned in the

Appendix -B shall be made through Bank credit by 7th of the succeeding month. The Bank

Account particulars of all the contractors’ employees shall be submitted to OMC.NO cash

payment is allowed.

(c) The contractor will keep OMC indemnified against any claims/disputes arising between the

Contractor and its employees deployed at various locations.

(d) The Contractor shall at its own cost extend workman insurance coverage compensation to all

the employees as may be required under relevant Acts.

The Contractor and the contractors employees shall not be permitted to involve themselves in any type of strike, rally, bandh or dharana held during the contract period and in the event of any such involvement of the Security Agency and their security staff in such activities, action will be taken against the contractor like removal of the contractor from the list of the security providers/such security employees will not be taken further on duty/ contract will be terminated and consequential forfeiture of bid security already deposited against the contract.


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f) The contractor shall submit a detailed check list and certificate along with each bill to the effect

that payments have been made to the employees as per the approved wages, acquaintance roll

and all Labour Laws /obligations have been complied. In order to confirm the correctness of

payment, the contractor has to submit adequate documentary proof of payment of wages through

Bank, depositing EPF, ESI contribution (wherever applicable) and service tax/GST of preceding

month to the concerned authority along with bills. Documentary proof of EPF, ESI contribution

(wherever applicable) should be in individual name of security personnel. The contractor will

submit an affidavit on non-judicial stamp paper of Rs. 100/- that they have deposited the EPF

and ESI Contribution (wherever applicable) of actual numbers of personnel in concerned

authorities mention in the bill and all the security personnel have been issued with Salary Slip

with full details in all respect as specified for the month they claimed for the payment.

(g) The contractor shall ensure full compliance with Tax laws of India with regard to the contract

and shall be solely responsible for the same. The contractor shall submit the copies of

acknowledgement as a proof of filing of returns every month / quarter / year and shall keep the

employer fully indemnified against liability of tax, interest, penalty etc. of the security agency in

respect thereof which may arise.

(h) Any increase or decrease in Minimum wages, employers contribution towards PF/Bonus/ ESI

(wherever applicable), etc. shall be to the account of OMC Limited

(i) In addition to the above, GST as applicable will be paid to the agency on gross monthly bill amount

support to submission of require proof as per rule. The Bidder shall raise the bill as per GST Act and

Rules.

(j) The Bidder will submit the bill to the concerned authority of Mines/Camp/Office/Govt of Odisha Check

Gates/Weigh Bridges in every month along with the attendance of current month, the wages sheet

payment through Bank statement, PF Deposit Challan, and any other statutory deductions if so will be

submitted for the same month with the current bill. The RSO/ASO/ASI/Officer I/C Security or any

authorised Officer of OMC/Govt. of Odisha Check Gate/Weigh Bridge will verify the attendance and

forward the same for onward checkup of Wages


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Sheet, PF Deposit, ESI Deposit(if applicable), Service Tax / GST Deposit, Bank Payment Sheet and

other required documents by the statutory authorities of Mines/Camp/Office/ Govt. Check Gates, who

will further recommend/send the bill to the Regional Office/Head Office in order to release payment to

the Bidder. The above documents except attendance and Wages Sheet are not applicable for first

monthly bill.

(k) Security Deposit (SD) @20% on Basic wages (Basic + VDA) will be retained from the monthly RA

Bills towards liability on Bonus, Gratuity, Leave/Holiday wages, and other risk components like

damage/loss to OMC property, other suspected sabotage etc. The SD shall be released after completion

of the contract upon clearance of all above dues. However, this can be refunded after meeting the

concerned liabilities/loss and submission of proper documentary evidence at concerned RO/HO level.

Before releasing the SD, the LW personnel/Regional Head shall bear in the mind that after payment of

above dues, no such liability shall remain for the future of OMC in respect of the above work under this

contract.

6. In case the successful bidder does not have an office in Odisha, the successful bidder shall have to

open an office in the state of Odisha before signing the agreement and has to produce the supporting

documents while signing the agreement.

7. The agency shall ensure that the Watchman / security personnel (preferably Ex-Servicemen) deployed

is healthy and as per eligibility criteria as mentioned below. The agency will get their antecedents;

character and conduct of individual security personnel verified by respective local police before

deployment and shall produce the same.


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8. Eligibility Criteria for SO/ASO/Sup. As the Mines/Prospecting camps of OMC are mostly located at Sensitive LWE affected districts the Security Officers, Asst. Security Officers and Security Supervisors will have the following eligibility criteria:-

a) Security Officers (SO) i) Honey Captain / Lieutenant on active list from Infantry, Artillery & Armoured Crops Only. ii) Tradesman of from Infantry, Artillery & Armoured Crops, will not be eligibly. iii) Not more than 55 years of age for initial requirement purpose and age criteria for retirement as given in Private Security Agencies (Regulation) Act, 2005. iv) Medical category AYE.

b)Asst. Security Officer (ASO)

i) Jr. Commissioned Officers from Infantry, Artillery & Armoured Crops only. ( Hony Jr. Commissioned Officers will not be eligibly) ii) Tradesman of from Infantry, Artillery & Armoured Crops, will not be eligible. iii) Not more than 55 years of age initial requirement purpose and age criteria for retirement as given in Private Security Agencies (Regulation) Act, 2205. iv) Medical category AYE.

c) Supervisors (Sup.) i) Havildars from Infantry, Artillery & Armoured Crops Only. ii) Tradesman of from Infantry, Artillery & Armoured Crops, will not be eligible. iii) Not more than 55 years of age for initial requirement purpose and age criteria for retirement as given in private Security Agencies (Regulation) Act, 2005. iv) Medical category AYE. v) Civilian Supervisors (not ex-servicemen) will be employed only in exceptional cases. They must have the following qualifications:- a) Minimum 5 years of experience. b) Physically fit. c) Preferably Having NCC A or B certificate. d) Preferable below 40 years of age.

d) Gunman As per eligibility criteria given in Private Security Agency (Regulation), 2005.

e) Watchman As per eligibility criteria given in Private Security Agency (Regulation), 2005.

9. The full particulars of the personnel to be deployed by the agency including their names and addresses, shall be furnished to concerned mines/regional office of OMC along with testimonials before they are actually deployed for the job.


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10. The Bidder shall neither deploy nor withdraw any personnel at any time without approval of Head of Department (Security), OMC Limited, Bhubaneswar. In case of separation of any existing security person due to resignation/termination/death or any other reason whatsoever the same needs to be substituted as per eligibility criteria. 11. A local representative of Agency shall be In-charge of the security system and shall be responsible for the efficient rendering of the service under the contract. While working at the premises, they shall work under the directives and guidance of Officer in charge of Security. No S.O./A.S.O./Supervisor appointed by the Agency should be declared as local representative to deal the day to day local problems. 12. The Bidder shall deploy watchmen trained in all facets of security work, including firefighting and the Agency shall provide necessary documentary evidence in this regard. 13. A senior level representative of the Agency shall visit the site of deployment at least fortnightly/monthly and review the service performance of its personnel. During the weekly visit, Agency’s representative will also meet the Unit Head and Officer- in - charge security for mutual feedback regarding the work performed by the personnel deployed and for removal of deficiencies, if any, observed in their working. Such mutual feedback must be documented diligently. The GM (Security)/ Head of Department (Security) on behalf of the OMC or his authorized representative may review the work of the Agency. 14. The Bidder shall ensure that any replacement of the personnel, as required by OMC for any reason specified or otherwise, shall be effected promptly without any additional cost to the OMC. If the agency wishes to replace any of the personnel, the same shall be done with prior concurrence of the OMC at the Bidder’s own cost. 15. The Bidder shall ensure that the personnel deployed by it are disciplined and do not indulge in any activity prejudicial to the interest of the OMC. The security personnel shall abide by the provisions of law. 16.Accommodation. The Security Personnel shall be provided with barrack type accommodation or any other accommodation as available in the mines/place of deployment free of cost. 17. Medical. Basic medical assistance in the form of First Aid, shall be provided by OMC if available. 18.Vehicle. The bidder shall provide vehicles preferably hard topped utility vehicle suitable for easy movement as per the place of deployment is enclosed at Appendix-A .The Bidder shall ensure payment of Minimum Wages and deposit of PF and other statutory dues, etc. under various laws as applicable for the drivers of the vehicles engaged. OMC Management will not be responsible for the same. 19. Detail of leave benefits will be as under:- (a) Earned Leave - 1day for each 20 days working (b) National & Festival holidays - 07 days per year


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20. In case of any loss that might be caused to OMC due to lapse on the part of the security personnel discharging security responsibilities, such loss will be borne by the Agency and in this connection, the OMC shall have the right to recover the loss including by deducting appropriate amount from the bill of security agency to make good such loss to the OMC besides imposition of penalty. In case of frequent lapses on the part of the security personnel deployed by the contractor, OMC shall be within its right to terminate the contract forthwith or take any other action without assigning any reason whatsoever. 21. In the event of any security personnel being on leave/absent, the Bidder shall ensure suitable alternative arrangement to make up for such absence. To meet such eventualities the agency shall make provision for leave reserve and provide the same under intimation to OMC. Under no circumstances any security personnel will be allowed to give duty beyond one shift. In case if the personnel is made to do duties for more than one shift, OMC will not make any additional payment. 22. As and when required for additional security strength either on temporary/permanent/ emergent basis, the Bidder will provide such security personnel under the same terms and conditions. If the security personnel deployed by the agency any time are found absent from duty or sleeping or found engaged in irregular activities, the Security I/C shall deduct the requisite amount at the pro-rata rates from the bill of the agency besides imposition of penalty for non-observance of the terms of contract. 23. The Bidder shall arrange to maintain at the security desk/booth, the daily shift-wise attendance record of the security personnel deployed by it showing their arrival and departure time. The Bidder shall submit to the OMC an attested photocopy of the attendance record and enclose the same with the monthly bill. Such attendance register shall be supervised/checked by the officer in charge of the OMC security. 24. There would be no increase in rates payable to the Bidder during the Contract period except reimbursement of the incremental wages paid by the agency consequent upon revision of wages by the appropriate Government. 25. The Income-tax and other statutory dues are required to be deducted from the bill unless exempted by the concerned Department in favour of the agency mentioning OMC’s work order number and the documentary evidence of such exemption is to be submitted for availing the exemption. 26. The Security personnel deployed by the agency shall be literate so as to be able to make entries in the registers kept at the security desk / booth whenever required and also to write their names in the attendance register and mark their arrival and departure by signing in the register .


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27. In case of non-compliance/ non-performance of the services according to the terms of the contract, the OMC Official head of the concerned region shall be at liberty to make suitable deductions from the bill without prejudice to its right under other provisions of the contract. 28. The Bidder shall be solely liable for all payment/dues of the Workers employed and deployed by it. The Bidder shall fully indemnify the OMC of the concerned Mines/Camps/Plots/Offices against all the payments, claims, and liabilities whatsoever incidental or directly arising out of or for non-compliance with or enforcement of the provisions of any of the labour or other laws to the extent they are applicable to establishment /work in premises/facility. 29. The decision of OMC in regard to interpretation of the Terms & Conditions and the Agreement shall be final and binding on the Bidder. 30. Any violation of instructions/agreement or suppression of facts will attract cancellation of agreement without any reference. 31. An agreement shall be signed with the successful bidder as per specimen enclosed. These terms and conditions will form part of the Contract / Agreement as indicated in the Agreement between the OMC and the Bidder and any non-compliance by The Bidder shall be deemed as breach of contract and accordingly attract Penal Provisions.

32. Arbitration: In the event of any dispute, difference or claim arising between the parties in

connection with the validity or interpretation or implementation or breach of the Agreement or anything

done or omitted to be done pursuant to the Agreement, then such dispute shall be referred to the

CMD/MD, OMC whose decision shall be final and binding on the parties.

If any party is aggrieved by such decision, then such dispute or difference shall be referred to

the Chairman/MD, OMC for appointment of a Sole Arbitrator and the Sole Arbitrator shall be appointed

by the chairman/MD, OMC within 30 days of a notice in writing to make such appointments served by

the aggrieved party. The Sole Arbitrator should be either a retired Judge of Hon’ble Orissa High Court

or of the Supreme Court of India or a retired district Judge or an Officer of OSJS (Senior Branch). The

arbitration proceeding shall be conducted in accordance with the provisions of the Act 1996 and

amendment carried out thereto. The venue of arbitration shall be at Bhubaneswar/Cuttack as the case

may be.

All proceedings shall be conducted in English language. The venue of proceedings shall be

Bhubaneswar. The award of arbitral tribunal shall be final and binding upon the parties and may be

enforced in court of competent jurisdiction. The party aggrieved seeking arbitration shall do so within

one year positively from the date of cause of action.


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33. When a dispute or claim is raised by either of the party, the Chairman/MD, OMC shall follow the

above procedure of appointment of a Sole Arbitrator for adjudication of the dispute/claim, mutatis and

mutandis.

34. Governing law and Jurisdiction: The Courts within Bhubaneswar only.

Declaration by the Bidder: This is to certify that I/We before signing this tender have read and fully understood all the terms and

conditions contained herein and undertake myself/ourselves to abide by them. Enclosures: 1. D.D. No._____________ 2. Terms & Conditions (each page must be signed and sealed) 3. Financial Bid.

Date: (Signature of Tenderer with seal) Name: Seal: Address: Phone No (O):


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DEED OF AGREEMENT

PREAMBLE This deed of agreement entered into between the parties referred to hereinafter on this

day of __________2017 between the head of department (Security), The Odisha Mining Corporation Ltd, Bhubaneswar called the 1st party / OMC and which includes, his successors, Administrators and assigns of the First Party.

And M/s _________________________________________________________ (Herein after called the 2nd Party) which term includes successors, Administrators and assigns of the 2nd Party.

Whereas the 1st party in order to strengthen the security administration, management and control of the various Mines/Camps/Plots/Offices and Govt of Odisha Check Gates/Weigh Bridges under different Mining Circles situated under the territorial jurisdiction and administrative control of OMC invites offers through open advertisement / tender from Company/ Regd. Partnership Firm to provide Security personnel to be deployed at the various locations.

And whereas the 2nd party having been selected on the basis of its offer in Technical

and Financial bid for providing such security services, consisting of personnel under their own

employment to be deployed at various Mines/Camps/Plots/Offices under the territorial

jurisdiction of 1st party as per the requirement. Signature with seal of the Bidder

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TERMS AND CONDITIONS Parties hereto hereby execute this agreement to abide by the following terms and conditions; 1. That the 2nd Party shall have to abide by all the stipulations laid down in the Odisha Private Security Agencies Rule, 2009.

2. That the 2nd Party shall have the complete responsibility to provide security to the 1st party and its employees of Mines/ Camps/Plots/ Offices and Government of Odisha Check Gates/Weigh Bridges under different Mining Circles as stated in the Appendix-B appended to this Agreement round the Clock for 24 hours a day consisting of requisite numbers as in the Appendix-B in eight hour shifts by providing the required number of Watchmen / security personnel for each Mines/Camps/Plots/Offices and Govt. of Odisha Check Gates/Weigh Bridges under different Mining Circles to be deployed under instructions and control of such authorized officers of the 1st Party. 3. That the Watchmen / security personnel so deployed will be under obligation to discharge any other security duty as required by the 1st Party or their Officers in charge of the Mines/Regional Offices/Plots/ Offices and Government of Odisha Check Gates/Weigh Bridges under different Mining Circles even when they are not on shifts duty. 4. That 2nd Party shall be held responsible for conduct, deeds of its Watchmen / security personnel deployed in different Mines/Camps/Plots/Offices and Govt. of Odisha Check Gates/Weigh Bridges under different Mining Circles. 5. That the 2nd Party shall have over-all responsibility to protect the property / Assets / Stores/ Spears

records and employees of the 1st Party in Mines/Camps/Plots/Offices and Govt. of Odisha Check

Gates/Weigh Bridges under different Mining Circles where their security personnel are deployed.

6. That the 2nd Party shall provide security services through its Watchmen / security personnel

which shall, inter alia, include regulating the entry and exit of vehicles /Material/ Personnel

through the barriers established at the Mines/Camps/Plots/Offices as per the procedure

prescribed by the 1st party, and such other duties and at such other places as directed by the

Officers of the respective Mines/Camps/Plots/Offices and Govt. of Odisha Check Gates/Weigh

Bridges under different Mining Circles.


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7. That the 2nd party shall furnish the 1st Party and/ or the authorized officers the following documents in respect of each Watchman / security personnel: (a) Permanent Address (b) Temporary / Local address. (c) One pass-port size photograph. (d) Proof of training / experience in security services. (d) Photo ID card provided by the Security Service Provider. (e) Any one of Adhaar Card/Voter ID Card/Passport/Driving License along with PAN. 8. That all security personnel by the 2nd Party for deployment shall at all point of time continue to be the employees of the 2nd party for all purposes and the 2nd Party shall employ and maintain the security personnel at its own cost and expenses and shall :- (a) Keep the security staff and its registers/roll, pay their salaries/wages through Bank including all statutory payments allowances and meet their cost of dress/uniform and safety & other equipment and pay their perks and advances including welfare advances, increments, overtime wages and leave with salary, grant them paid holidays and pay all contributions under the rules of provident fund, Employees State Insurances, (If applicable) Gratuity, Bonus and all other payments under the labour or other laws, rules and regulations relating thereto and in force from time to time. The 2nd Party will ensure that no Central and State laws of any kind including labour law is violated in any manner. (b) Provide to the personnel standard common uniform as per clause F-2 of terms and conditions of contract for all seasons. The agency has to provide uniform to the security personnel at free of cost without recovery from them. The clothes worn by the private security guards while on active duty shall be such that it would not hamper in his efficient performance. In particular, it will neither be too tight nor too loose so as to obstruct movement or bending of limbs. Every security guard will carry a notebook and a writing instrument with him. Every security guard, while on active security duty, will wear and display the photo identity card issued under Section 17 of the Act (i.e. Private Security Agency (Regulation) Act, 2005) on the outer most garment above waist level in a conspicuous manner. (c) Provide weapons (Guns, Batons and Knife) as per the requirement of rank/status of security personnel for protection. The 2nd party shall obtain license(s) as may be needed under the Arms Act from the District Magistrate and other competent authorities and the 1st party shall not be held responsible in any manner criminally or otherwise if the security personnel engaged by the 2nd party will use fire arms etc. in the discharge of their duties. Signature with seal of the Bidder

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(d) Provide to the security personnel the other necessary stores like torches, searchlight,

binoculars etc. At its own cost without recovery it from its employees.

(e) The 2nd party shall ensure submission of all statutory monthly/ weekly / half yearly / Annually returns as per applicable statute regarding payment of Provident Fund, Employees’ State Insurances etc. and furnish proof of such contribution to the 1st party along with payment particulars. If the second party fails to comply and effect payment to the aforesaid competent authorities, then the 1st party shall be at liberty to withhold payment of bill till payment to the competent authority by the 2nd party. But the 1st Party is in no way liable for these lapses on part of the 2nd Party.

9. That it is made clear that 1st party shall not be held liable in respect of the obligations and duties of the 2nd party as referred in Para 6 and 7 above in respect of its staff & other regulation /Rules/Laws/Act applicable to 2nd party in the contract. 10. The following will be adhered to:- (a) The security personnel deployed by the 2nd party shall perform round the clock watch and ward duties in three shifts i.e. eight hours in each shift as per the shift arrangement made by the concerned Officer-in-Charge of Mines/Camps/Plots/Offices and Govt. of Odisha Check Gates/Weigh Bridges under different Mining Circles. (b) That the place of duty and nature of duty will be fixed by the 1st party as per their requirements. The Second party will replace any security personnel within 48 hours if the 1st party finds that their performances not satisfactory. (c) The 2nd party shall increase or decrease the strength of security personnel as per the requirement of the 1st party with not more than one month’s notice. 11. The following will be adhered to:- (a) The 2nd party shall transfer the security personnel periodically to obviate their collusion with the 1st party/Staff/dealers/transporters/Suppliers or their agents and dalals (brokers) and also on receipt of complaint from the1st party and; (b) Not allow the security personnel to collude with the employees of the 1st party/dealers/ transporters/supplies and their agents and dalals or to join in any trade union or take part in any agitation and; 12. That in the event of any damage/loss of the property / Assets /Stores and Spears and premises of the 1st party by robbery, theft or misappropriation,the2nd party shall be liable to compensate for the loss in kind or cash or deducted from his bill or ISD (the loss will be assessed by a Joint verification). Signature with seal of the Bidder

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13. The rates to be charged by the 2nd party to the 1st party for each category of security personnel shall be as follows basing on Minimum Wages declaration as on 19.01.2017:- (a) Watchman (Without Gun) Rs. 15,575.00 Per month.

(b) Gun man Rs. 15,575.00 Per month.

(c) Supervisor Rs. 18,640.00 Per month.

(d) Asst. Security Officer Rs. 21,740.00 Per month

(e) Security Officer Rs. 35,000.00 per month (Consolidated)

Plus services charges to be finalised in this tender @Rs.______ % of the bill value and applicable Service Tax /GST. (The rates are consolidated and inclusive of Income Tax, Employer EPF contribution, ESI contribution (wherever applicable) etc., bonus, insurance, leave salary, Gratuity etc.). 14. Details of leave will be as under:- (a) Earned Leave - One day for each 20days working (b) National & Festival holidays - 07 days per year 15. In the event of revision of minimum wages by the Government the contractor will be liable to pay

the revised minimum wages from the effective date as notified. Upon such revision the agency

pays through Bank at such higher rate & such differential amount arising out of revision in

minimum wages shall be reimbursed by the OMC subject to production of claims duly witnessed by

the authorised representative of the principal employer supported by documentary evidence. In

respect of Security Officer on consolidated remuneration, the revised VDA shall be applicable as per

High Skilled category.

16. The personnel shall be deployed for 08 hours shift duty daily and the working hours will not exceed 48 hours in a week. National /Public holidays will be treated as working days and there shall be no extra claims by the Second Party for the same. 17. That unfurnished accommodation will be provided by the First Party at Mines/Camps /Plots/Offices and Govt. of Odisha Check Gates/Weigh Bridges under different Mining Circles to the Security Personnel subject to availability. 18. The monthly payment along with service tax, / GST (bills are required to be submitted as per Rules 4A of Service tax Rule, 1994 /GST rules) to the 2nd party through NEFT/ RTGS by within 7 days of receipt of completed bills. 19. That the agreement shall remain valid for a period of twelve months at a time and may be renewed thereafter by the 1st party on satisfactory performance on application by the 2nd party & sole discretion of OMC. Signature with seal of the Bidder

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20. The agreement can be terminated by either party by giving a notice of two months to other party. But

in the event of passing of vehicles, taking illegal gratification or otherwise by the security personnel deployed by 2nd party which causes loss of revenue to OMC , the agreement can be terminated by the 1st party after giving seven days’ notice.

21. (a)The contractor shall submit a detailed check list and certificate along with each bill to the effect that payments have been made to the employees as per the approved wages, acquaintance roll and all Labour Laws /obligations have been complied. In order to confirm the correctness of payment, the contractor has to submit adequate documentary proof of payment of wages through Bank, depositing EPF, ESI contribution (wherever applicable) and service tax/GST of preceding month to the concerned authority along with bills. Documentary proof of EPF, ESI contribution (wherever applicable) should be in individual name of security personnel. The contractor will submit an affidavit on non-judicial stamp paper of Rs. 100/- that they have deposited the EPF and ESI Contribution (wherever applicable) of actual numbers of personnel in concerned authorities mention in the bill and all the security personnel have been issued with Salary Slip with full details in all respect as specified for the month they claimed for the payment. (b)The contractor shall ensure full compliance with Tax laws of India with regard to the contract

and shall be solely responsible for the same. The contractor shall submit the copies of

acknowledgement as a proof of filing of returns every month / quarter / year and shall keep

the employer fully indemnified against liability of tax, interest, penalty etc. of the security

agency in respect thereof which may arise.

(c) Any increase or decrease in Minimum wages, employers contribution towards PF/Bonus/

ESI (wherever applicable), etc. shall be to the account of OMC Limited

(d) In addition to the above, service tax /GST as applicable will be paid to the agency on gross

monthly bill amount in support to submission of require proof as per rule. The Bidder shall raise the

bill as per Service Tax Rule 4A/Rules as per GST as applicable.

(e)The Bidder will submit the bill to the concerned authority of Mines/Camp/Office/Govt. of Odisha

Check Gates/Weigh Bridges in every month along with the attendance of current month, the wages

sheet payment through Bank statement, PF Deposit Challan, and any other statutory deductions

if so will be submitted for the same month with the current bill.


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The RSO/ASO/ASI/Officer I/C Security or any authorised Officer of OMC/Govt. of Odisha Check

Gate/Weigh Bridge will verify the attendance and forward the same for onward checkup of Wages Sheet,

PF Deposit, ESI Deposit(if applicable), Service Tax / GST Deposit, Bank Payment Sheet and other

required documents by the statutory authorities of Mines/Camp/Office/ Govt. Check Gates, who will

further recommend/send the bill to the Regional Office/Head Office in order to release payment to the

Bidder. The above documents except attendance and Wages Sheet are not applicable for first monthly

bill.

(f) Security Deposit (SD) @20% on Basic wages (Basic + VDA) will be retained from the monthly RA Bills

towards liability on Bonus, Gratuity, Leave/Holiday wages, and other risk components like damage/loss

to OMC property, other suspected sabotage etc. The SD shall be released after completion of the contract

upon clearance of all above dues. However, this can be refunded after meeting the concerned

liabilities/loss and submission of proper documentary evidence at concerned RO/HO level.

Before releasing the SD, the LW personnel/Regional Head shall bear in the mind that after payment of

above dues, no such liability shall remain for the future of OMC in respect of the above work under this

contract.

22. As a guarantee towards due performance and compliance of the contract work, the successful bidder (agency) shall submit a Bank Guarantee in OMC format (Appendix-B) on any Nationalised Bank

operable at Bhubaneswar equal to 5% of Annual Contract value towards Initial Security Deposit (ISD)

with validity equal to the period of contract with a claim period of additional two months. The BG is to be

submitted within 15 days from the issue of LoI / work order and signing of the Agreement. On

submission of such Bank Guarantee and signing of agreement, EMD of successful bidder will be

refunded.

23. Risk & Cost: - In case the L-1 bidder does not take up the work/abandoned in between, OMC shall

have the right to execute the work through another agency at the risk and cost of the former.

24. That any dispute arising out of this agreement ,which are of general character the same shall be

settled mutually between 1st Party and 2nd Party subject to jurisdiction of Court within Bhubaneswar only.


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25. In case of any loss/theft, of the OMC of the concerned area will consider the circumstances leading to the loss/theft and submit a report to the Head of the Department (Security), The Odisha Mining Corporation Ltd. and for fixing responsibility and if the responsibility is fixed upon the 1st party, the agency will make good the loss within a specified period or else deduction of the cost will be made from the following month’s bill. 26. For any breach of contract, the head of the concerned region of the 1st party on behalf of the OMC, shall be entitled to impose a penalty to the extent of Rs 10,000/- on the 1st occasion upon the 2nd party in the event of breach, violation or contravention of any of the terms and conditions contained herein after bringing it to the notice of the Head of the Department (Security), The Odisha Mining Corporation Ltd and obtaining his approval. 27. If the lapse is repeated again, the extent of penalty will be doubled on each such occasion. However the Agency can appeal for waiver of penalty to MD/Chairman, OMC who is the final authority for taking decision in this respect. The decision of the Odisha Mining Corporation Ltd. in this regard shall be final and binding upon the Agency. Some of the instances, in which penalty would be imposed, are enumerated below. But these are inclusive only and not exhaustive and penalty may be imposed for any violation, breach or contravention of any of the terms and conditions as well as assigned duties and in following conditions:- (a) If the personnel are not found in proper uniform and displaying Photo Identity Card. (b)If the personnel are found indulging in smoking/drinking/sleeping during duty hours. (c) If the personnel are found performing double Duty within 24 hours without prior approval. (d) The 2nd Party is supposed to provide security personnel. If the 2nd Party is not able to provide the required number quantity and quality of personnel, a penalty for shortage of attendance will be imposed. (e)Penalty will also be imposed if the behaviour of personnel found discourteous. (f)If any Guard/Supervisor found performing duty, submitting a fake name and address. (g)If any personnel is found on duty other than those mentioned in the approved list supplied by the 2nd Party to the Officer in charge of the Mines/Regional Offices (h) If Guards/Supervisors are found indulging in unlawful activities. Signature with seal of the Bidder

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28. All the terms and condition of the tender document will form part of the Agreement. And will be binding on both the parties. In witness whereof the Parties hereto have set and subscribed their respective hands and seal this the Day, Month and Year first above written. SIGNED, SEALED AND DELIVERED at _____________________. Director/ Authorized Representative Name and Address of the Agency Seal of the Agency Witnesses: 1. 2.


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Appendix-A

THE DETAILS OF DEPLOYMENT OF VEHICLES BY THE SECURITY AGENCY


Sl. No Place of deployment No. of Vehicles 1 Daitari 01 2 Gandhamardan 02 3 SB-BK Mines 02 4 Khandabandh Mines 01 5 Dubna Mines 01 6 BPJ Mines 01 7 Guruda 01 8 Kurmitar/Khandadhar Iron Ore Mines 01 9 Regional Office Koira, Bhanjapali Mines &Kasira 01

10 Kaliapani 01 11 Kalarangi, Sukrangi, Kathpal & Birasal 01

Total 13 12 Govt. of Odisha Check Gates/Weigh Bridges under

different Mining Circles As per

requirement

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Appendix - B

BG Should be obtained from Nationalised / Scheduled Commercial Bank Operable / Executable at

Bhubaneswar DATE:

BANK GUARANTEE

Name of Bank: To The Odisha Mining Corporation Limited, Bhubaneswar Dear Sir, Guarantee No. ………………………… Amount of Guarantee Rs . . . ……….. . /-(Rupees…… ….) only. Guarantee cover from………….….. To . . . . .. . . Guarantee remain full force ………….….. .. . . . . .. . . Last date for lodgment of claim: . . . . . … (Two months from date of expiry).

This Deed of guarantee executed by (Bank Name)...…………………………, constituted

under the Banking companies (Acquisition & Transfer of Undertaking) Act…………… having its registered office at ……………………………. and amongst other places, a branch at . . . . . . . . .(Hereinafter referred to as the bank) in favour of the Odisha Mining Corporation Ltd., Bhubaneswar(hereinafter referred to as OMC, the beneficiary.) for an amount not exceeding Rs. ……………. . /- (Rupees. . . . . ……… . . . . . .) only at the request of M/s. . . . . . . . ………………… . . . . (Hereafter referred to as the agency).

This guarantee is issued subject to the condition that the liability of the bank under this guarantee is limited to maximum of Rs . . …………. . . ./- (Rupees………… . …………. . . .. . . .) only and the guarantee shall remain in full force from ………….. to . . …….. .. . (date of expiry) with further claim period of two months and cannot beinvoked otherwise than by a written demand or claim under this guarantee served on the bank on or before ……………(last date of lodgment of claim) by the OMC, Bhubaneswar in writing.

For (Bank) Seal

Branch Manager Branch

SUBJECT TO AS AFORESAID (Main guarantee matter may be typed hereafter)

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BG No :………………….

Date:……………………….. Amount:………………….…

Valid period from ………. to ……………… Claim period up to…………………………

The Odisha Mining Ltd BBSR (here after called as the OMC) has agreed to accept from M/s …………………………………………….. at ………………….. PO …………………. PS …………………………………….District …………………………., State ………………………, (here after called as agency a bank guarantee for Rs. ……………… (Rupees ………………………………) only for the period from ……………From ……………. To with a further claim period of two months & last date of lodgement of claim within ………………… towards EMD/SD/ISD/ Performance Guarantee/Guarantee against advance payment in connection with ……………….. Work/ Contract/PO/Tender No. & date. We ………………………(Bank)…………………………branch, do hereby undertake to identify and keep indemnified “OMC” to the extent of Rs……………..(Rupees ……………………………………. Only) for the period from …………….to ………………with the last date of lodgement of claim within……………… We ………………………(Bank)…………………………branch, further agree that if a demand is made by the OMC, have not right to decline to cash the same for any reason whatsoever. The fact that is a dispute between the said Agency and the OMC is no ground for us to decline honour invocation the Bank guarantee and such innovation is a sufficient reason for the OMC to enforce the bank guarantee unconditionally without any reference to the said Agency, within 48 hours excluding holidays. We................(Name of the Bank & Branch)...................branch, further agree that a mere demand by the OMC is sufficient for us .....................( Bank Name),...............Branch at Bhubaneswar, to pay the amount covered by the bank guarantee without reference to the said Agency and any protest by the said Agency cannot be valid ground for us,....................... Bank.................. Branch, to decline payment to the OMC. We .............................the bank, undertake to pay to the OMC money so demanded notwithstanding any dispute or dispute raised by the said agency in any suit or proceeding pending before any court or tribunal relating thereto as our liability under this being absolute and unequivocal. If notice of demand is served on the Bank and for this purpose it shall be deemed sufficient if such notice is served on our branch at....................Bhubaneswar, by the OMC before the last date lodgement of claim under this guarantee, then not withstanding anything to the contrary herein contained, the liability of the Bank under this Guarantee shall be enforceable as due to us.

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BG No: ...................... Date: ...................... Amount: .......................

Valid period from .............. to ............. Claim period .........................................

We ……………………………..the bank further agree that the OMC shall have fullest liberty, without our consent and without affecting in any manner our obligation hereunder to vary any of the terms and conditions of the agreement/work order/contract / order etc or to extend time of performance by the said agency from time to time or to postpone for any time or from time to time any of the powers exercisable by the OMC against the said agency and to forbear or enforce any of the terms and conditions relating to the order and shall not be relieved from our liability by reason of any such variation or extension being granted to the said Agency or for any forbearance, act or omission on the part of the OMC or any indulgence by the OMC to the said agency. We ………………………… (Name of the Bank & specify branch Name)………………………………. branch, lastly undertake not to revoke this guarantee during its currency except with the previous consent of the OMC .in writing. Notwithstanding anything contained herein above: 1. All claims under this guarantee in full or in part must be presented to …………….……………… (Name of the bank) ……………………………….(Branch), Bhubaneswar (Odisha) . 2. Our liability under this Bank Guarantee shall not exceed Rs. (Rupees ………………………………………) only. 3. This guarantee will not get discharged due to change in the constitution in the bank or the said agency. 4. This Bank Guarantee shall remain valid upto………….. (date of expiry) with additional claim period of two months and claim under this guarantee can be served on or before …………… (last date of lodgment of claim). 1. We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only and only if OMC. Serves a written claim or demand on the bank on or before ……………. (last date of for lodgment of claim.) 2. We declare that this Bank Guarantee is not tainted with fraud and is furnished in the written request of the Agency. Signature:

Name: Address:

For & on behalf of (Seal)

Signed and delivered this on ……..

TENDER DOCUMENT FOR SECURITY SERVICES - OMC Ltd€¦ · BIDDER’S COVERING LETTER To The Addl. GM...

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